Loaned money not returned

I send money to a friend as a loan to be invested in real estate project.
He called me so many times and told that he is on the verge of default.
Also he gave me a bait that if the money is invested the return would be good.
The money was sent through HSBC new Delhi and recd in SBI Lucknow main branch.
the money was sent last year aug sep
After that he is neither sending paper nor returning money. only once in Dec 2014 he deposited 50000/
in cash at HSBC Lucknow.
He is not interested in meeting also.
He would receive phone calls in two weeks and tell promise of good return.After that again for two weeks he would be not available.
.
Pls advise how to proceed about this.
I have the bank statements stating the transfer and his address in lucknow plus the account no in SBI where the money was sent by RTGS,and his landline and mobile numbers.

Asked 1 year ago in Civil Law from New Delhi, Delhi

Pls advise documentation.
Also note that this money was sent from my OD account and i am losing money on interset payment and also getting ridicule in my house.But my friend is not at all moved by this his only goal was money and friendship does not matter for him.
I am based in delhi and the banks where this transaction happened were in New Delhi District.

Asked 1 year ago

1) have you sent any emails to you friend to repay your money
2) if not send him email to refund your money with interest
3)if your friend does not repay issue legal notice and file summary suit for recovery of your money with interest

If you have the necessary proofs for having lent the money to your friend, this would be adequate to send him a legal notice seeking complete repayment along with interest on this amounts.
If he does not reply or respond, then you can file a civil suit for recovery of money, together with interest, litigation expenses from your friend.
take the advice of a local advocate on this with this information and proceed.

1. You have the required documentary evidence to prove that the amount was credited to his account.
2. You should issue a lawyer's notice to him seeking the refund of money with interest.
3. If he does not comply with the demand raised in the notice then you can sue him for recovery of the principal amount with interest.

pls suggest lawyers in new delhi area and also which court would have jurisdiction.The transaction was done in new delhi area.

Asked 1 year ago

Hi, you have to issue legal notice ask him to refund the money with interest and if he failed to repay the amount then you have to file a suit for recovery of money.
2. As you have good case as you have paid the amount by way of RTGS so that you have proof of payment.

The money was given to your friend without any evidence except bank transaction.
There are no grounds to prove the legally liable debt too.
You have stated that he has sent you Rs. 50000-, what was this whether towards partial repayment or interest and partial repayment?
You can do one thing i.e., send a legal notice demanding your money sent to him vide the transaction through bank stating that he had borrowed the amount with a promise to return it with interest, whereas after payment of Rs. 50,000/- he remains silent whenever you requested him to return.
Let him reply and commit, after that you can hold on him to initiate proper recovery action through court.

1.Is there any agreement you entered while providing the said loan to him?
2. is there any evidence that he ha availed he aid loan from you to be returned on demand? Any sms or email on this account?
3. I you can establish that he had availed the said amount a loan from you, then file a recovery suit against him claiming the said lent amount with interest.

1. You should have taken a promissory note or made an agreement with him before alowing him the said loan,
2. At least you should have taken cheques for the lent amount as an evidence of your providing him the said loan,
3. However, act as suggested in my earlier post.

1. There are various courts in N. Delhi having separate area wise jurisdiction,
2. Find out your Court based on your area from the internet and visit the said court for few days to select your lawyer after witnessing them arguing before the Court.

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